The Supreme Court has refused to hear a petition against an order of the Madras High Court, limiting Muslims' worship at Tamil Nadu's Thirupparankundram hills. Justice Aravind Kumar said "It seems to be a very, very balanced order". The custom of Muslims worshipping at the at the 13th-century Sikandar Badushah Dargah atop Tirupparankundram Hill had become a bone of contention during the lighting of the Karthigai Deepam festival in December-January.
This year, despite some objections, the Madurai Bench of the Madras High Court had allowed the lighting of the Deepam on a stone pillar near a spot where Muslims hoist flag during the Santana Kudu festival.
But the High Court, in October, had said the Muslims have no right to conduct any prayer within the Nellithoppu area which is owned by the Sikkandar Badhusha Avuliya Dargah. The order cited a report submitted by the administration of the Kasi Vishwanatha Temple, located atop the hill, that said the practice of offering namaz at the said location is of recent origin.
"We do not propose to interfere with the (High Court) order. Without expressing any opinion on rights of the parties, the impugned order stands upheld," the Supreme Court's two-judge bench of Justices Aravind Kumar and PM Varale said.
In its order, the High Court had said that no animal sacrifice can be permitted on the hillock, citing that there was no documentary proof showing animal sacrifice as a long-standing or essential religious practice at the Dargah.
The court had maintained that even if the dargah administration claimed that animal sacrifice is a religious custom, it must establish this before a competent civil court. Until this is done, no animal sacrifice, cooking, or serving of non-vegetarian food would be allowed anywhere on the hill.
The court permitted Muslims to offer prayers in the Nellithoppu area only during Ramzan and Bakrid alone -- subject to strict conditions.
Appearing for the petitioners, advocate Prashant Bhushan submitted that there has never been a law and order problem in the area".
He said the High Court order allowing prayers on Ramzan and Bakri-Eid festival days alone - "that is what we are aggrieved by, the word alone".
Once the Nellithoppu area has been decreed by the Trial Court and affirmed by Privy Council, the High Court also records that affirmation, he said.
"They say, Muslims have been granted declaration of the title for the extent of 33 cents in the Nellithoppu area... now, the problem is, despite holding that the Nellithoppu area, the land belongs to Muslims. They have restricted prayers to Ramzan and Bakri-eid. Other conditions can be there, we maintain law and order, but there has never been a law and order problem," he added.
Justice Kumar replied that had there been no law and order issue, there would not have been a meeting of the Peace Committee.
The High Court had clarified that while the 33 Cents in Nellithoppu area belongs to the Muslim community, the traditional footsteps leading up to it belong to the temple. These steps, which also lead to the Kasi Vishwanatha Temple atop the hill, must not be obstructed or defiled.
